Financial adviser sentenced to prison for embezzling from Petoskey couple

PETOSKEY — A 53-year-old Traverse City woman who pleaded no contest last year to an embezzlement charge was sentenced to prison Monday in Emmet County's 57th Circuit Court.

In September, Toni Lavonne Avery pleaded no contest to one count of embezzlement — agent or trustee $1,000 or more but less than $20,000, a felony offense, which carries a maximum penalty of five years in prison and/or a $10,000 fine, or three times the amount embezzled, whichever is greater, Emmet County prosecutor Jim Linderman previously told the News-Review.

During Monday's delayed sentencing hearing, judge Charles Johnson sentenced Avery to serve not less than one year and eight months and not more than five years with the Michigan Department of Corrections, with credit for one day served. She must also pay at least $1,276 in restitution.

The Emmet County Sheriff's Office arrested Avery in April 2011 for embezzling money from a Petoskey couple who hired her to work as their financial adviser, according to a sheriff's office news release issued last year.

Linderman said the couple hired Avery as a financial adviser in September of 2007. Her company was named BEST Financial Services Inc.

Linderman explained that Avery was subsequently given two checks, one for $826 and one for $450, for services that ultimately were not rendered. It wasn't until about a year later that the couple was confronted by attorneys and debt collectors for the work Avery had been paid to do, according to the sheriff's office news release.

On Monday, Avery's attorney, Bob Engel, asked the court to "look at the good in Toni Avery" and to consider probation and tether rather than sentence her to time in prison.

"My client has helped a number of people over the years, clearing up their debt problems," including the victims in this case, Engel said.

Engel pointed out that prior to this conviction, Avery led "a crime-free life for a number of years." He also noted that Avery's husband is in poor health and depends on her income.

"It's important to understand that I recognize fully the seriousness of this offense ... I never minimized it," Avery told the court.

She said she has worked very hard for clients, including the victims in this case, and that the current circumstances arose from miscommunication.

"I spent endless hours helping them, to get them out of foreclosure," she said, noting that they are still living in their home. And she said she was able to help them pay down some debt.

She added, "This situation has devastated many of us ... My reputation and career has suffered and has been damaged by this situation."

Avery also spoke to her criminal history.

"I'm not perfect, your honor. I've made mistakes. But that's the past person, not the present person," she said.

She told the court she attempted to return the $826 and left phone messages to that effect that went unreturned. And she said that while sometimes her life gets busy and she may get behind on things, she does not take advantage of people.

Finally, Avery said she wanted to apologize "for the lack of communication that has caused all of us to be here today."

Johnson said the embezzlement crimes Avery has been convicted of involve dishonesty and the allegations against her have been supported by testimony. He noted that Avery previously sought to withdraw her plea, but the court found no basis for that and found her to be deceitful.

Johnson also said Avery was seeking to place blame on the victims in this case, the police and her prior attorney, Jeffrey A. Slocombe.

After Johnson rendered Avery's sentencing, Engel made a motion for stay of proceedings and to admit Avery to bail pending appeal, which the court denied.